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MSHA Part 100 Overview Arkansas Mine Safety & Health Conference February 2008. MSHA Part 100 Overview. Reformulates the process of assigning points to arrive at an assessment. Adds a provision to an operator’s history addressing “repeat violations”.

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MSHA Part 100 Overview

Arkansas

Mine Safety & Health Conference

February 2008

msha part 100 overview
MSHA Part 100 Overview
  • Reformulates the process of assigning points to arrive at an assessment.
  • Adds a provision to an operator’s history addressing “repeat violations”.
  • Eliminates the $60 single penalty assessment for “non-S&S violations”.
  • Increases the dollar amount of each point in the conversion tables.
  • Maximum $60,000 for civil penalty (no change)
  • Minimum of $2000 and $4000 for Unwarrantable failure and Withdrawal orders respectively.
  • Failure to notify MSHA within 15 minutes of a fatality or injury that has reasonable potential to be a fatality from $5,000 to $60,000.
  • Makes all violations subject to “special assessment.”
msha part 100
MSHA Part 100
  • MSHA new “Miner Act” Part 100 provisions and assessments
    • Graduated assessment scale for citations based on:
      • Size of operation (hours worked)
      • Size of controlling entity (hours worked)
      • Degree of Negligence
      • Gravity (severity, likelihood of event, # persons potentially affected)
      • Citation History
      • History of repeat violations
msha part 100 size of operation
MSHA Part 100 Size of Operation

Annual Hours Worked Penalty Pts.

Size of Individual Mine

O to 5,000 0

Over 5,000 to 10,000 1

Over 50,000 to 100,000 5

Over 100,000 to 200,000 6

Over 200,000 to 300,000 7

Over 300,000 to 500,000 8

Over 500,000 to 700,000 9

Size of Controlling Entity

Over 3,000,000 to 5,000,000 8

msha part 1005
MSHA Part 100

DEGREE OF NEGLIGENCE PENALTY POINTS

Points

  • No negligence 0
  • Low Negligence 10
  • Moderate Negligence 20
  • High Negligence 35
  • Reckless Disregard 50

Increase from 25 to 50 maximum penalty points

msha part 1006
MSHA Part 100

GRAVITY PENALTY POINTS

Likelihood of Occurrence Points

  • No Likelihood 0
  • Unlikely 10
  • Reasonably Likely 30
  • Highly Likely 40
  • Occurred 50

Severity Points

  • No Lost work Days 0
  • Lost or Restricted 5
  • Permanently Disabling 10
  • Fatal 20

Number of Persons Affected Points

  • 0 0
  • 1 1
  • 5 5
  • 10 or more 18
msha part 1007
MSHA Part 100

VIOLATION HISTORY PENALTY POINTS

VPID= # assessed violations (15 mos.) Divided by Total inspection days (15 Mos.)

  • Penalty not used for mines with less than 10 citations for the 15 month period.
  • Only assessed violations that have been paid or finally adjudicated
  • Inspection day = full or partial day at mine site per inspector.
  • Have the authority to take past violations into consideration, (prior to promulgation) but will pay close attention to retroactive circumstances that result in unfair penalty increases.
  • Using 2005 data average penalty points for M/NM was 7.6 points.
  • Maximum of 25 penalty points versus 20 points old rule.
msha part 1008
MSHA Part 100

REPEAT VIOLATION PENALTY POINTS (New)

RPID= Repeat Violations Per Inspection Day

  • Violation of the same standard
  • Penalty not used for mines with less than 6 repeat citations for the 15 month period.
  • Only assessed violations that have been paid or finally adjudicated
  • Inspection day = full or partial day at mine site.
  • Still no commitment retroactivity
  • Using 2005 data 698 of 10,227 mines had at least 6 violations or more
  • Maximum of 20 penalty points
msha part 1009
MSHA Part 100
  • Flagrant Violations may be assessed a maximum civil penalty of $220,000.
  • Flagrant Definition…. “a reckless or repeated failure to make reasonable efforts to eliminate a known violation of a mandatory health or safety standard that substantially and proximately caused, or reasonably could have been expected to cause, death or serious bodily injury.”
part 100 examples
PART 100 Examples
  • Elevated Platform Housekeeping Issue
msha part 10011
MSHA Part 100

Example #1: Non S&S Equivalent

Old Rule:

$60 single penalty assessment

New Rule:

Size of operation (hours worked) 7

Size of controlling entity (hours worked) 8

Degree of Negligence (Low) 10

Gravity: Unlikely, LTA, 2 persons affected 10-5-2

Citation History 12

History of repeat violations 0

Total Points 57 points or $112* or $100 w/GFR

*MSHA projects, under the final rule that 59% of all violations will receive the minimum penalty of $112 or $100 with good faith reduction. This compares with 72% of all citations that received the $60 single penalty assessment under the old rule.

msha part 10012
MSHA Part 100

Example #2: S&SEquivalent

New Rule:

Size of operation (hours worked) 7

Size of controlling entity (hours worked) 8

Degree of Negligence (Moderate) 20

Gravity: Reas. likely, LTA, 2 persons affected 30-5-2

Citation History 12

History of repeat violations 0

Total Points 84 points or $764*

*MSHA estimates M/NM cement facilities average penalty assessment is going to increase from $220 to $481; a 119% increase.

msha part 10013
MSHA Part 100

Example #3: S&S High Negligence/Highly Likely/Fatal

New Rule:

Size of operation (hours worked) 7

Size of controlling entity (hours worked) 8

Degree of Negligence (High) 35

Gravity: Highly likely, Fatal, 5 persons affected 40-20-5

Citation History 12

History of repeat violations 0

Total Points 127 points or $23,825

msha part 10014
MSHA Part 100

Penalty Conversion Table

msha part 10015
MSHA Part 100

NEXT STEPS:

  • Thoroughly review all citations under New Part 100 rule
    • Know your facility History (track on an ongoing basis)
  • Management Training on proper conduct during MSHA Inspections
    • Opening and closing conferences
    • Accompanying Inspectors
    • What to say - What not to say
    • Questions to ask inspectors
    • Importance of good communications
    • Required records
  • Improved relationship building with District Offices
    • H&S
    • Operations
  • Improve Workplace Examination Program
    • Documentation
    • Follow up on deficiencies
    • Accountability